• Danielle Geldenhuys

Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill

Updated: Jul 22


The Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill was introduced to Parliament on 19 July 2022 by the Minister of Police.


A copy of the Bill is available at: https://pmg.org.za/files/B15-2022_Protection_of_Constitutional_Democracy_against_Terrorism_and_Related_Activities.pdf


The objects are described as follows by the Explanatory Memorandum:

“2.1 The Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill, 2022 (‘‘Bill’’), seeks to update the principal Act to developments in international law, to give effect to certain Constitutional Court judgments and to address challenges experienced with conducting investigations and prosecutions. Particular provisions have been inserted to cater for foreign terrorist fighters, to address the sentencing of the financing of terrorism, and the extension of the Extradition Act, 1962 (Act No. 67 of 1962), as required by the report of the UNCTED.

2.2 The proposals involve the amendment of certain definitions in the principal Act, the insertion of new offences related to maritime and aviation security and addressing the problem of foreign terrorist fighters. It proposes to shift the responsibility for the publication of United Nations Security Council Resolutions in a notice in the Gazette, and other appropriate means, to the Minister of Finance in terms of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) (‘‘Financial Intelligence Centre Act’’), and the Director of the Financial Intelligence Centre. It simplifies the interpretation of the jurisdiction provision and expands the extradition provisions to all terrorism related offences in the principal Act.”


The short title provides the following information:

“To amend the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, so as to delete, amend and insert certain definitions for purposes of alignment with international instruments adopted upon the implementation of the Act; to provide for offences related to terrorist training and the joining and establishment of terrorist organisations; to provide for offences related to foreign travel and attempts to leave the Republic under certain circumstances; to provide for offences in respect of the possession and distribution of publications with unlawful terrorism related content; to provide for authorisation to be obtained from the Director of Public Prosecutions in respect of the investigation and prosecution of certain offences; to provide for the issuing of warrants for the search and cordoning off of vehicles, persons and premises; to provide for a direction requiring the disclosure of a decryption key and the effect of a direction to disclose a decryption key; to provide for the removal of, or making inaccessible, publications with unlawful terrorism related content; and to provide for matters connected therewith.”


Prior to introduction to Parliament, the notice of intention to introduce was published in gazette number 46649 of 1 July 2022. A copy is available at: https://www.gov.za/sites/default/files/gcis_document/202207/46649gon2231.pdf


Tags: #Terrorism #Constitutionallaw #financialintelligence


Image: Wix


Date posted: 21 July 2022

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